American College of Surgeons Advocacy and Health Policy: ACS Cross Country: May 2004

May 2004

Headlines

Child Restraint Systems to Reduce Trauma in Indiana
Iowa Legislature Caps Noneconomic Damages
Kentucky Office-Based Surgery Guidelines Adopted
Funding for Oklahoma Trauma System Moves Forward
Medical Liability Reform a Tough Sell in Georgia

Child Restraint Systems to Reduce Trauma in Indiana

L.R. "Tres" Scherer, III, MD, FACS, Indiana State COT Chair

Indiana joined an ever-expanding list of states requiring child passenger restraint systems for children less than 8 years old when Governor Joseph Kernan signed HB 1098 (477K PDF) into law in late March. Effective July 1, 2005, this new statute also creates a child restraint system account within the state general fund where fines for violations of the statute will be deposited and used to purchase child restraint systems for those who are unable to afford them. Advocacy efforts were coordinated by State Committee on Trauma (COT) Chair L.R. "Tres" Scherer, who activated the state COT to pepper legislators with letters of support for the bill. In addition, Dr. Scherer worked with the College to utilize the Surgery State Legislative Action Center, allowing all Indiana Fellows the opportunity to send letters in support of HB 1098.

Iowa State Capital Dome

Iowa Legislature Caps Noneconomic Damages

Iowa Senators joined their House colleagues in approving legislation to cap noneconomic damages at $250,000 for medical malpractice cases. The legislation, House File 2440, passed both chambers of the Iowa General Assembly by slim margins. The only exception to the cap is in the case of a finding of actual malice on the part of the defendant. The bill has been sent to the governor, who has 30 days to take action on it.

Kentucky Office-Based Surgery Guidelines Adopted

In December of last year, the Kentucky Board of Medical Licensure adopted guidelines for office-based surgery (71K PDF). Physician offices are classified as Level I, II, or III based upon the complexity of anesthesia and surgical procedures performed. Requirements for such things as emergency transfer protocols, qualified anesthesia providers, credentialing of staff, and training in basic life support or advanced cardiac life support are spelled out in the guidelines and reflect many of the College's Patient Safety Principles For Office-Based Surgery. For a comparison of the College's OBS Principles and the Kentucky Guidelines, click here (17K PDF).

Kentucky Office-Based Surgery Guidelines

Level I offices – minor procedures under topical or local anesthesia not involving drug-induced alteration of consciousness other than minimal preoperative anti-anxiety medications
Level II offices – procedures requiring minimal or moderate sedation/analgesia making post-operative monitoring necessary; office accreditation required
Level III offices – procedures requiring deep sedation/analgesia, general anesthesia, or major conduction blockade; office accreditation required

Funding for Oklahoma Trauma System Moves Forward

Roxie Albrecht, MD, FACS, Oklahoma State COT Chair

A series of bills to provide extra funding to pay for uncompensated trauma care are working their way through the Oklahoma legislature. House Bills 2250, 2382, 2600, and 2660 passed the House in mid-April. The Senate amended and passed HB 2250, HB 2382, and HB 2660, so those were returned to the House for concurrence. Unable to reach consensus on HB 2600, both chambers agreed to a conference committee that is currently giving this bill serious consideration. The Oklahoma State Committee on Trauma (COT) and the American College of Surgeons COT strongly support these bills. Dr. Roxie Albrecht, State COT Chair, encouraged all Oklahoma surgeons and their colleagues to send a letter to their state senators through the Surgery State Legislative Action Center. "We must do all we can," she said, "to preserve our state's trauma system."

State Senator Tom Price, orthopaedic surgeon from Roswell, Georgia

Medical Liability Reform a Tough Sell in Georgia

Proving once again the controversial nature of medical liability reform, the Georgia General Assembly failed to adopt meaningful reform measures during its recently-completed session. Since both legislative chambers passed different versions of reform, a conference committee was formed to negotiate differences between the two packages, including a Senate backed cap on noneconomic damages. Senator Tom Price, an orthopaedic surgeon running for the 6th Congressional District seat in Georgia and one of three Senate conferees, was unable to persuade his House counterparts to accept the cap.

Past Issues of ACS Cross Country:

October 2003
November 2003
December 2003
January 2004
February 2004
March 2004
April 2004